Delaware Hit-and-Run
Hit-and-run drivers can be charged with fines, license suspension, and/or jail time. If you’re the victim of a hit-and-run, report it as soon as possible.
Written by Brittni Brinn
Reviewed by Jessica Barrett
A hit-and-run in Delaware is a serious charge. A hit-and-run causing damage to another vehicle carries a fine of $230 to $1150 or imprisonment for 60 days to six months. If someone is injured or killed by the hit-and-run, a driver could be looking at huge fines, jail time, and even a felony charge.
If you’re the victim of a
hit-and-run
, you should attempt to identify the car, report the crime to the police, and file an insurance claim if you have collision or uninsured motorist coverage.Hit-and-run laws hold drivers accountable. It is illegal in every state to leave the scene of an accident without providing your personal and insurance information. The penalties vary depending on the severity of the charge.
Whatever state you’re driving in, a hit-and-run is a serious charge. In this article,
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breaks down everything you need to know about hit-and-runs in Delaware. We also cover everything you ever wanted to know about saving on Delaware car insurance costs
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What is a hit-and-run?
By law, you have to stop if you hit another person or vehicle. A driver who
leaves the scene of an accident
before exchanging information with the other driver or the authorities is guilty of a hit-and-run. By leaving the scene, a hit-and-run driver fails to take responsibility for the damage they caused and puts lives at risk.If you hit another vehicle, it is your legal duty to stop, check on the other driver(s), and exchange information so that you can both inform your insurance providers of the incident. Although you may have to pay for some of the damages, it’s better than dealing with the fines and prison time that can result from a hit-and-run charge.
What happens if you commit a hit-and-run in Delaware?
If you are involved in a motor vehicle accident or strike another vehicle or person, you must stay at the scene. Failure to remain at the accident can result in some serious penalties, including hefty fines, license suspension, and even jail time.
Is a hit-and-run a felony in Delaware?
In Delaware, a hit-and-run is an unclassified misdemeanor if someone suffers injuries or is otherwise harmed as a result of the accident. And if the accident results in death, a hit-and-run charge is considered a Class E felony.
What is the punishment for a hit-and-run in Delaware?
The punishment for a hit-and-run in Delaware depends on the severity of the accident and if anyone was hurt. Here are the three main categories of penalties for a hit-and-run:
- Penalty for damage to vehicle: A fine of $230 to $1150 or 60 days to six months in prison. Your driver’s license may also be suspended for up to six months.
- Penalty for injury: A fine of $1000 to $3000 or imprisonment for one to two years. Your license may be suspended for one year.
- Penalty for death: A minimum prison sentence of one year. Your driving privileges may be revoked for two years.
Key Takeaway: Being involved in an accident may raise your insurance, but it’s better than being charged with a hit-and-run. Hit-and-runs come with huge fines, license suspensions, and jail time.
How to avoid a hit-and-run charge in Delaware
If you are involved in an accident, you must stay at the scene. Title 21 of Delaware’s Code outlines the duty of a driver who hits another vehicle:
- Stop your vehicle as close to the scene as you can without blocking traffic.
- Check on the driver and passengers in the struck vehicle(s), and immediately call for help if they are injured.
- If everyone is alright, help move the damaged vehicle(s) to the side of the road where it will not obstruct traffic.
- You are required to exchange information with the other driver(s) involved in the accident and report the incident.
In Delaware, you are also legally required to report to the police if an accident happened on a public highway, caused property damage over $500, or if a driver appears intoxicated or otherwise impaired.
MORE: Does my insurance cover me if my car is involved in a hit-and-run accident?
What should I do if I experience a hit-and-run in Delaware?
If you are the victim of a hit-and-run, stay calm. Gather as much information as you can and report the incident to the police.
At the scene
Do not try to follow the car. Check on everyone in your vehicle and move your vehicle out of harm’s way. Call 911 to inform emergency services of your location and if you need medical attention.
Try to note as much about the scene as you can:
- The circumstances of the crash
- The other car’s make, model type, color, and body style
- The license plate numbers of any vehicles involved
- The appearance of the driver
- The direction the car was headed
- Any unique identifying marks on the car (e.g. bumper stickers, dents, mods, etc.)
Talk to the witnesses at the scene and get their contact information. It’s also a good idea to take photos of the damage to your car and the crash site to keep for your records.
MORE: The dos and don'ts of filing a car accident claim report
After you leave the scene
Make sure the officer at the scene files a police report. The police report increases the chances that the hit-and-run driver will be found and will be key evidence to support your insurance claim.
File an insurance claim within 24 hours of the accident. If you or the police can identify the driver or have the car’s license plate number, their
liability insurance
should cover the damage.Without information about the driver or their vehicle, filing a claim becomes more difficult. Liability insurance may not cover damages from the accident. However, you may be covered if you have
collision insurance
, uninsured/underinsured motorist coverage
, medical payments (MedPay) coverage
, or personal injury protection (PIP)
.What insurance covers a hit-and-run?
Insurance type | Will it cover a hit-and-run? | Notes |
|---|---|---|
Collision coverage | Yes | May need to pay deductible first |
Uninsured motorist coverage | Maybe | Check with your insurance company to see if your policy covers hit-and-runs |
Medical payments (MedPay) coverage | Yes | Only covers what health insurance doesn’t; may need to pay deductible |
Personal injury protection (PIP) | Yes | May also cover lost wages and other expenses related to an accident |
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Reviewed on 5/28/2023
FAQs
Will a hit-and-run affect my insurance?
If you are the victim of a hit-and-run and you are not at fault for the accident, your rates should not be affected. If you commit a hit-and-run, you can expect to see an increase in your insurance rates. Check in with your insurance broker or company to discuss options after a hit-and-run.
Do I need a lawyer if I’ve committed a hit-and-run?
A hit-and-run is a serious charge, especially if the accident results in injury or death. If you find yourself facing charges for a hit-and-run, it may be a good idea to seek legal counsel.
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